The main legal point established in the judgment is the requirement for circumstantial evidence to be fully established beyond any reasonable doubt and the consideration of the accused's age at the time of the offence under the Juvenile Justice Act.

Rajesh Tandon, J.

Present appeal has been flied against the judgment and order dated 23-6-1989, passed by the Sessions Judge, Pithoragarh convicting the accused appellant for the offence punishable under section 302, 394 and 201 I.P.C. and sentencing him to undergo imprisonment for life under section 302 I.P.C., four years rigorous imprisonment and a fine of Rs. 1,000/- under section 394 I.P.C. and a fine of Rs. 1,000/- for the offence punishable under section 201 I.P.C. In default of payment of fine under section 394 I.P.C., the accused was further sentenced to undergo rigorous imprisonment for six months and in default of payment of fine imposed under section 201 I.P.C., accused was further sentenced to undergo rigorous imprisonment for four months.

2. Briefly stated the facts giving rise to the present appeal are that on 31-8-1988 at morning Smt. Kituri Devi had gone, to the forest for cutting fuel wood but she did not return till next day. Her husband contacted the villagers and hectic search was made. In the search, dead body of Smt. Kituri was found lying in a Naia in the jungle of Ban Panchayat. Her body was covered by leaves and branches of the tree. Her ornaments were also found missing.

3. P.W. 2, Harl Ram lodged F.I.R. of the incident at Patwari Chauki, Samour at 5.00 PM on the same day. In the written report he expressed suspicion on accused Khim Ram. A case under section 302, 201 and 392 I.P.C. was registered against the accused Khim Ram.

4. The Investigating Officer Dinesh Chand Pant held inquest on the dead body and prepared inquest report Ex. Ka-l. He also seized samples of blood stained and plain earth. He prepared site plan EX.ka4.

5. Accused Khim Ram was arrested and on his pointing out Guloband Ex.8, Bariath Ex.7, blood stained Baniyan Ex.9, Shirt EX.10 and Pant EX.11 were recovered from his house. One Munara (Ex. 12) was sold by the accused to co-accused Ratan Ram, which was recovered from his possession. Another Munara was deposited by the accused with Johar Singh (P.WA). He also prepared recovery memo of Guloband EX.Ka-6, memo of recovery of clothes of the accused EX.Ka7, recovery memo of Munara EX.ka-9 and Ka-12. After completing the investigation he submitted charge sheet EX.Ka-18 against accused Khim Ram, Ratan Ram and Chandra Ram.

6. Accused Khim Ram was charged for the offences punishable under section 302, 394 and 201 read with sec. 34 I.P.C. Charges under section 302/34, 394/34 and 201/34 I.P.C. were framed against accused Chander Ram and charge under section 411 I.P.C. was framed against the accused Ratan Ram. All the accused persons pleaded not guilty and claimed to be tried.

7. To prove its case the prosecution has examined P. W .1, Harish Chandra Pathak, P.W.2 Hari Ram, P.W.3 Diwan Singh P.WA Johar Singh, P.W.5 Dr. P.S. Quarabi, P.W.6 Shivraj Singh and P.W.7, Dinesh Chandra Pant. The learned Sessions Judge after considering the evidence on record held that there was no evidence against accused Chandar Ram and Ratan Ram and both of them were acquitted. However accused Khem Ram was held guilty of the offence punishable under section 302, 394 and 201 I.P.C. and convicted and sentence him as stated above. Feeling aggrieved the present appeal has been filed.

8. We have heard Sri R.S. Sammal, Advocate learned counsel for the appellant as well as the learned Addl. Government Advocate and have gone though the evidence on record.

9. The learned counsel for the appellant argued two points firstly the conviction of the accused is against the evidence on record and secondly the trial of the accused as illegal as the accused was juvenile at the time of alleged occurrence.

10. The post mortem report Ext.ka-13 shows that deceased was brutally chopped by the accused and as much as nine lacerated and incised wounds were found on the dead body. Dr. P.S. Quarabi (P.W.5) conducted post mortem examination on the dead body and found the following ante mortem injuries :

1. Lacerated wound size 8 cm